Prof. Amnon Rubinstein, Israel Prize Laureate; President, IDC Herzliya

 

 

At this conference we will discuss our national resilience, but there is a topic which we will not be discussing, and that is the matter of our legal resilience. I would like to raise some things which are, perhaps, unacceptable:

First of all, the status of the Knesset. In the weekend edition of the newspaper, I read about politicians in negative contexts: “corrupt,” “idiots”—that’s the tone today. We must understand that without politicians, there can be no democracy; without elected officials, there can be no democratic process. Whoever has transgressed must be tried. Slowly, the Knesset is being de-legitimized. This is a serious danger in terms of the resilience of the State of Israel.

Secondly--the principle of legality. The rationale behind the rule of law is that a person is free to do as he pleases, as long as the law does not restrained him. In contrast, public institutions are free to act only when the law has allowed them to do so.

The attorney general cannot limit the authority of the Prime Minister. I have never heard of such a precedent in a democratic country. We must maintain the principle of legality, as it is part of the rule of law. The sovereignty of the Knesset and the rule of law are central components of democracy.

Thirdly, the presumption of innocence—a basic concept in law. Every person, without exception, is presumed innocent until proven guilty a court of law. This sacred principle is guaranteed today by the Council of Europe and by international treaties, and it is revered in England and in the United States.

The question of ethical public behavior is a question for the Knesset, for the public, and for the media; this is why I oppose the fact that the Attorney General is deciding on ethical issues, while elected officials are unable to have their say in the matter.

In the U.S., there is an institution that is worthy of replicating: the office of the Special Prosecutor, who handles indictments of public officials. The legal institutions of the federal government do not deal with these matters; a special prosecutor is appointed, therefore, for this purpose, which solves the dilemma of a subordinate Attorney General. I think this is a commendable idea.